VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_25-vv-00198 Package ID: USCOURTS-cofc-1_25-vv-00198 Petitioner: Kathryn Christin Uberti Filed: 2025-02-03 Decided: 2025-08-22 Vaccine: human papillomavirus (HPV) Vaccination date: 2024-02-07 Condition: right shoulder injury related to vaccine administration (SIRVA) Outcome: entitlement granted Award amount USD: AI-assisted case summary: On February 3, 2025, Kathryn Christin Uberti filed a petition alleging that a human papillomavirus vaccination administered on February 7, 2024 caused a right shoulder injury related to vaccine administration. The public decision is limited because respondent conceded entitlement. The Secretary agreed that Ms. Uberti had no prior right shoulder condition, that shoulder pain began within 48 hours of vaccination, that pain and reduced range of motion were limited to the vaccinated shoulder, that no other condition explained the symptoms, and that residual effects lasted more than six months. On August 22, 2025, Chief Special Master Brian H. Corcoran found Ms. Uberti entitled to compensation. Damages were not set in the entitlement decision and remained pending. She was represented by Michael R. Kolker of Otorowski, Morrow & Golden. Theory of causation field: HPV vaccine, February 7, 2024, adult exact age not stated, causing right SIRVA. ENTITLEMENT GRANTED by Rule 4(c) concession; damages pending. Respondent conceded no prior right shoulder condition, onset within 48 hours, pain and reduced range of motion limited to the vaccinated shoulder, no alternative condition, and residual effects longer than six months. Chief Special Master Corcoran, August 22, 2025. Attorney Michael R. Kolker. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_25-vv-00198-0 Date issued/filed: 2025-09-30 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 08/22/2025) regarding 44 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (cr) Service on parties made. -------------------------------------------------------------------------------- Case 1:25-vv-00198-UNJ Document 47 Filed 09/30/25 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 25-198V KATHRYN CHRISTIN UBERTI, Chief Special Master Corcoran Petitioner, Filed: August 22, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Michael S. Kolker, Otorowski Morrow & Golden, PLLC, Bainbridge Island, WA, for Petitioner. Rochelle I. Gillenson, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On February 3, 2025, Kathryn Uberti filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine Act”). Petitioner alleges that she suffered a shoulder injury related to vaccine administration (“SIRVA”) after receiving a human papillomavirus (“HPV”) vaccination on February 7, 2024. Petition at 1. Petitioner further alleges that she suffered the residual effects of this injury for at least six months. Id. The case was assigned to the Special Processing Unit of the Office of Special Masters. 1 Because this Ruling contains a reasoned explanation for the action taken in this case, it must be made publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2018) (Federal Management and Promotion of Electronic Government Services). This means the Ruling will be available to anyone with access to the internet. In accordance with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to redact medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, I agree that the identified material fits within this definition, I will redact such material from public access. 2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease of citation, all section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2018). Case 1:25-vv-00198-UNJ Document 47 Filed 09/30/25 Page 2 of 2 On August 22, 2025, Respondent filed his Rule 4(c) report in which he concedes that Petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report at 1. Specifically, Respondent notes that Petitioner had no history of pain, inflammation, or dysfunction of her right shoulder prior to vaccination; pain occurred within forty-eight hours after receipt of an intramuscular vaccination; pain and reduced range of motion was limited to Petitioner’s right shoulder; and that no other condition or abnormality has been identified to explain Petitioner’s shoulder pain. Id. at 7. In view of Respondent’s position and the evidence of record, I find that Petitioner is entitled to compensation. IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 2